The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-12-01

and the cause rensnded tor reiormation Oh Tue
judgment.
10. In the absence IF q bull of exceptions it
will be assumed that the testimony Was Oh such
character as TO sustain the verdict.
Judgment reversed aud cause remanded ior
entry oil judgment in accordance with opinion
Alfred Bishop Mason. for Plaintiff in Error;
Attorney General, for Defendant In Error.
Alice Mundee, Plaintiff in Error, W.. Frederick
K Freeman, Defendant in Error-Marion
county.
RANEY, J..
1. A lax deed of land sold under the revenue
act OF 1879 Chapter 1887 for taxes assessed IN
1871 under the general revenue law OF 1857
(chapter 1873 Is prims fIcis evidence that the
assessment was lawfully made and that war
rant WAS annexed to the copy OF the assessment
roll delivered TO the Collector OF Revenue
2. What remained of the assessment roll as de-
liv,red 10 the Collector Of Revenue was intro.
duced in evidence. No assessment OF the iano
appeared on, nor was any warrant annexed 70,
the parts put in evidence. The lids and ABOUT
ene-lhird Of the pages of the roll were mlss'ng,
lis binding cords ont, and 1t was in several dis-
connected pare The person who hei 10 'ne once Se
of Collecrur Of Revenue and nade the TAX sale
testified that the roll originally had an suter
birding or lid on 1t and warrant attached 10 II;
that the warrant was usually placed on the inner
first or last lid that he never collected taxes or
sold land without warrant nor ever 500 any
land that was not enrolled on the tax BOOK, stat
ing that be testified that there was warrant
because or upon The principle" that he never
RECEIVED an assessment roll without one: He'd,
Insufficient To- overcome the Effect OF the deed as
p'Ttnd facie evidence of a legal assessment and
warrant.
8. When there is legal evidence of an ASSESS
mebt Of land and The land has been SOLD tor
taxes aud the tAx deed legally recorded, the pro-
vie & ~ IN 10 n
Chapter 1887 limiting the grounds upon which
\ former owner or claimant may, afier year
from the record OF the deed, set aside the deed
or recover the land, are valid and operative.
t. Internal Impr ovement Fund lands cease to
be public lands and become liable to taxation -
private property upun being entered ~ person
1t the proper ni1ce, and evidence Of the entry Oh
tanned, and Il the Axss aseessed Afterwards are
not paid the land may be sold for the collection
Of the same although no conveyance or patent
for the land may have issued
s. The execution Of Q YAK deed, made BY
Clerk Of the Circuit Court, was proved BY AN
davit Of one of the subscribing Witnesses thereto
before the same clerk and the deed was recorded
on this proof in the records Of the Clerks office :
Held, The record Is legal.
s After referee has died In the Clerks office
an order refusing motion for new trial, he
has no power to grant rehenring OF such motion
or to permit an amendment Of the original mo-
y
Judgmen, affirmed.
John G. Reardnn, for Plaintiff in Error; W.
s. Bullock, for Defendant in Error
The State of Florida er rel, g. W. Gonzalez,
R,ln,or va. Manuel Palmc., Collector Of Rev.
enue for Escambia County, Respondent
RANEY, J.:
l. One statute will not be held 10 repeal A
20: mer one unless there is a positive repugnancy
between The two or the latter was clearly in
70, dcd 10 prescribe the only rule which should
govern the case provided tor, or II revises the
subject matter Of the former, or expressly repeats
E. Where, At one session Of the Legislature an
act is passed which, by one OF its sections, i'm
poses license tax on a number Of occupations,
md another act ia passed imposing similar tax
on another occupation, and at subsequent ses-
sion Of the Legislature an act, which is in effect
a revision OF the frs, Of the former acts ia passed,
and one Of it's sections takes the place Of the sec
ZION Of the first act imposing such occupaiional
taxcs and confines the tax a. il existed on
some OF these occupations, and removes it from
others by emitting To mention them, and taxes
certain other occupations that were previously
no, taxed. bu tsays nothing ms 10 the second Of
The two former acts, nor AS 10 the occupation
taxed by It, yet expr sely repeats the first Of said
acts, The Second act is not repealed.
3 The act ent tied IAN Act TO fix the license
TAX Of stevedorc." approved March 7. 1881, was
moi repealed by the act OF 1883, entitled An
Act for the assessment, and collection OF rev.
cnre," revising and expressly repeating the gen
cral revenue law Of 1881.
a. The Legislature may make the title Of an
act "A restrictive as il plcssce and the courts can
not enlarge its scope. and any matter of legisla-
lion not properly connected with that particular
feature of subject to which the title may be re-
strictive, will he Of no effect
for he OF IF nc
as to their qualifications to perform the duties Of
stcvedores are not matter properly connected
with the subject expressed in The title: An
Act to fix the license tax Of Stevedores"
g. The fact that An act is broader than the
subject of its title and matter properly con-
ncc,ed herewith docs not of itself render the
old act void. The above act as 10 sievedores
license tax is valid as a revenue Jaw, but of no
effect in 40 far AS it relates 10 examination Of
persons az to their qualifications for stevcdores.
Peremptory writ granted.
Mallory 4 Maxwell, for Relator; Bount Il
Blount for Respondent.
State e. REL F. A. Garrison, Appellant, VS.. The
County Commissioners Of Putnam County,
Appellee.
RANEY. j.:
l. Ii is improper to Get up as ground of de-
mlrrer, Affirmative matter of fact net appearing
in the pleading demurTed to.
O. The establishment of q municipality under
the general law for the Incorporation Of cities
and tow oS on territory over which part OF an
existing public road, established BY the road au-
thoritee of the county, passes, does not Of itself
abolish the road As public highway, Or revoke
OF suspend the powers and duties OF the county
authorities 40 to II.
8. The failure of a railroad company 10 per
form it's duties As to crossing OF otherwise using
an established public read does not relieve the
County Commissioners or other public officials
Of "a comfy from the performance of their own
statutory duties in the premises
T. MandAmns is the proper remedy 10 compel
officials TO perform such duties.
Judgment reversed and case remanded
S. G. Chandler for Appellant; W. b. Wixg,
for Appellee.
Savannah. Florida and Western Railway Com
pany. Plaintiff in Error, Va. The State Of Flor
ids, Defendant in Error-Duval county
MAXWELL. G. j..
l. The statute OF this State to prevent the OBJ
structon Of highways changes the common law
by requiring That the obstruction should be will
ful to render II indc'able.
@ The word willful in statutes like this i'm
plies legal malice, evil intent, OF the absence of
reasonable ground for the accused to believe that
the act charged was lawful.
3. An indictment which charges that a high.
way has been unnecessarily and unreasonAbly
obairucted," emitting to charge that it was VIII
fully done, is insufficient IN this State.
Judgment reversed ana indictment quashed.
Plaintiff in Error; Attorney General, Randall,
Walkers & Foster, for Defendant in Error
LOST BOY.